Legislature(2007 - 2008)

2007-03-05 Senate Journal

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2007-03-05                     Senate Journal                      Page 0460
SB 20                                                                                                                         
CS FOR SENATE BILL NO. 20(STA) "An Act relating to disclosures                                                                  
by legislators, legislative employees, public members of the Select                                                             
Committee on Legislative Ethics, and legislative directors subject to                                                           
the Legislative Ethics Act; relating to the applicability of the                                                                
Legislative Ethics Act; and providing for an effective date" was read                                                           
the third time.                                                                                                                 
                                                                                                                                
Senator Therriault moved that the bill be returned to second reading                                                            
for the purpose of specific amendments, those being Amendment                                                                   
Numbers 1 and 2. Without objection, the bill was returned to second                                                             
reading.                                                                                                                        
                                                                                                                                
Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered                                                                      
Amendment No. 1 :                                                                                                                
                                                                                                                                
Page 2, line 12, following "received":                                                                                          
       Insert "or deferred income to be received"                                                                           
                                                                                                                                
Page 2, line 17:                                                                                                                
       Following "income"                                                                                                       
            Insert "or deferred income"                                                                                     
       Following "$1,000"                                                                                                       
            Insert "earned or"                                                                                              
                                                                                                                                
Page 2, line 18, following "income":                                                                                        
       Insert "or deferred compensation"                                                                                    
                                                                                                                                
Page 2, line 19, following "compensation":                                                                                  
       Insert "or deferred compensation"                                                                                    
                                                                                                                                
Page 2, line 26, following "received":                                                                                      
       Insert "and the amount of income deferred"                                                                           
                                                                                                                                
Senator Therriault moved for the adoption of Amendment No. 1.                                                                   
Objections were heard.                                                                                                          
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                

2007-03-05                     Senate Journal                      Page 0461
CSSB 20(STA)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  2   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Green, Kookesh, McGuire,                                                             
Olson, Stevens, Therriault, Wagoner, Wielechowski, Wilken                                                                       
                                                                                                                                
Nays:  Cowdery, Hoffman                                                                                                         
                                                                                                                                
Excused:  Elton, Huggins, Stedman, Thomas                                                                                       
                                                                                                                                
and so, Amendment No. 1 was adopted.                                                                                            
                                                                                                                                
Senators Therriault, Bunde, Dyson, Wagoner, Wilken offered                                                                      
Amendment No. 2 :                                                                                                                
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
       Insert "denying public employee retirement pension benefits                                                            
to legislators and legislative directors who commit certain                                                                   
offenses, and adding to the duties of the Alaska Retirement                                                                 
Management Board and to the list of matters governed by the                                                                   
Administrative Procedure Act concerning that denial;"                                                                         
                                                                                                                                
Page 1, following line 5:                                                                                                       
       Insert new bill sections to read:                                                                                        
"* Section 1. AS 14.25 is amended by adding a new section to read:                                                            
            Sec. 14.25.212. Pension forfeiture. The provisions of                                                             
       AS 37.10.310 apply to pension benefits under AS 14.25.009 -                                                              
       14.25.220.                                                                                                               
  * Sec. 2. AS 14.25 is amended by adding a new section to read:                                                              
            Sec. 14.25.532. Pension forfeiture. The provisions of                                                             
       AS 37.10.310 apply to pension benefits under AS 14.25.310 -                                                              
       14.25.590.                                                                                                               
  * Sec. 3. AS 22.25 is amended by adding a new section to read:                                                              
            Sec. 22.25.800. Pension forfeiture. The provisions of                                                             
         AS 37.10.310 apply to pension benefits under this chapter."                                                           
                                                                                                                                
Page 1, line 6:                                                                                                                 
       Delete "Section 1"                                                                                                     
       Insert "Sec. 4"                                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               

2007-03-05                     Senate Journal                      Page 0462
Page 3, following line 5:                                                                                                       
       Insert new bill sections to read:                                                                                        
"* Sec. 7. AS 37.10.220(a) is amended to read:                                                                                
                   (16)  administer pension forfeitures required under                                                          
       AS 37.10.310 using the procedures of AS 44.62 (Administrative                                                            
       Procedure Act).                                                                                                          
  * Sec. 8. AS 37.10 is amended by adding a new section to read:                                                              
            Sec. 37.10.310. Pension forfeiture to preserve public                                                             
       trust in government. (a) A legislator or a person employed as a                                                        
       legislative director, as that term is defined in AS 24.60.990, who                                                       
       is convicted of a federal or state felony offense of bribery,                                                            
       receiving a bribe, perjury, subornation of perjury, scheme to                                                            
       defraud, or fraud may not receive a state pension benefit if the                                                         
       offense was committed on or after the effective date of this                                                             
       section and was in connection with the person's official duties.                                                         
            (b)  Pension benefits and employee contributions that                                                               
       accrue to a person  before the date of the person's commission                                                           
       of the offense described in (a) of this section are not diminished                                                       
       or impaired by that subsection.                                                                                          
            (c)  A state pension benefit under (a) of this section does not                                                     
       include                                                                                                                  
                   (1)  insurance, voluntary wage reductions,                                                                   
       involuntary wage reductions, or supplemental or health benefits                                                          
            under AS 39.30.090 - 39.30.495 or former AS 39.37.145;                                                             
                   (2)  member or employee contributions under                                                                  
       AS 14.25.050, 14.25.055, 14.25.340, 14.25.360(a),                                                                        
       AS 22.25.011, AS 39.35.160, 39.35.165(f), 39.35.180,                                                                     
       39.35.730, 39.35.760(a), or former AS 39.37.070.                                                                         
            (d)  In a pension forfeiture matter under this section the                                                          
       board may award to a dependent or former spouse of the person                                                            
       governed by the limitations in (a) of this section some or all of                                                        
       the amount that, but for the forfeiture under (a) of this section,                                                       
       may otherwise be payable. In determining whether to make an                                                              
       award under this subsection, the board shall consider the totality                                                       
       of circumstances, including                                                                                              
                   (1)  the role, if any, of the person's dependent or                                                          
       former spouse in connection with the illegal conduct for which                                                           
       the person was criminally charged;                                                                                       
                                                                                                                                
                                                                                                                                

2007-03-05                     Senate Journal                      Page 0463
                   (2)  the degree, if any, to which the person's                                                               
       dependent or former spouse profited financially from the                                                                 
       person's illegal conduct; and                                                                                            
                   (3)  any restitution ordered by the court in the                                                             
       criminal case and the amount of restitution, if any, still owing.                                                        
  * Sec. 9. AS 39.35 is amended by adding a new section to read:                                                              
            Sec. 39.35.672. Pension forfeiture. The provisions of                                                             
       AS 37.10.310 apply to pension benefits under AS 39.35.095 -                                                              
       39.35.680.                                                                                                               
  * Sec. 10. AS 39.35 is amended by adding a new section to read:                                                             
            Sec. 39.35.932. Pension forfeiture. The provisions of                                                             
       AS 37.10.310 apply to pension benefits under AS 39.35.700 -                                                              
       39.35.990.                                                                                                               
  * Sec. 11. AS 44.62.330(a) is amended by adding a new paragraph to                                                          
read:                                                                                                                           
                   (47)  the Alaska Retirement Management Board for                                                             
          administration of pension forfeitures under AS 37.10.310."                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, line 8:                                                                                                                 
       Delete "Section 2":                                                                                                      
       Insert "Section 5"                                                                                                       
                                                                                                                                
Page 3, line 13:                                                                                                                
       Delete "sec. 2"                                                                                                          
       Insert "sec. 5"                                                                                                          
                                                                                                                                
Page 3, following line 14:                                                                                                      
       Insert a new bill section to read:                                                                                       
"* Sec. 13. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
       APPLICABILITY TO ELECTED PUBLIC OFFICERS'                                                                                
RETIREMENT SYSTEM. The provisions of AS 37.10.310, added by                                                                     
sec. 8 of this Act, apply to benefits under former AS 39.37 (elected                                                            
public officers' retirement system)."                                                                                           
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Senator Therriault moved for the adoption of Amendment No. 2.                                                                   
Senator Stevens objected.                                                                                                       
                                                                                                                                

2007-03-05                     Senate Journal                      Page 0464
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 20(STA) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  11   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Nays:  Cowdery, Davis, Ellis, French, Green, Hoffman, Kookesh,                                                                  
McGuire, Olson, Stevens, Wielechowski                                                                                           
                                                                                                                                
Excused:  Elton, Huggins, Stedman, Thomas                                                                                       
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 20(STA) am was automatically in third                                                                    
reading.                                                                                                                        
                                                                                                                                
Senators Wilken, Therriault, Wagoner, Dyson moved and asked                                                                     
unanimous consent to be shown as cosponsors on the bill. Without                                                                
objection, it was so ordered.                                                                                                   
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 20(STA) am                                                                    
"An Act relating to disclosures by legislators, legislative employees,                                                          
public members of the Select Committee on Legislative Ethics, and                                                               
legislative directors subject to the Legislative Ethics Act; relating to                                                        
the applicability of the Legislative Ethics Act; and providing for an                                                           
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                
CSSB 20(STA) am                                                                                                                 
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  16   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Hoffman,                                                             
Kookesh, McGuire, Olson, Stevens, Therriault, Wagoner,                                                                          
Wielechowski, Wilken                                                                                                            
                                                                                                                                
Excused:  Elton, Huggins, Stedman, Thomas                                                                                       
                                                                                                                                
and so, CS FOR SENATE BILL NO. 20(STA) am passed the Senate.                                                                    

2007-03-05                     Senate Journal                      Page 0465
Senator Stevens moved and asked unanimous consent that the vote on                                                              
the passage of the bill be considered the vote on the effective date                                                            
clause. Without objection, it was so ordered.                                                                                   
                                                                                                                                
Senator Bunde gave notice of reconsideration.